The above-entitled action comes on for hearing before the Honorable Thomas E. Kuhnle 20 on November 2, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as 21 follows:
22 I. INTRODUCTION
23 Plaintiffs Raymond and Michelle Plata (collectively, “Plaintiffs”) bring this class action 24 against defendant City of San Jose (“Defendant” or the “City”), which owns and operates the San 25 Jose Municipal Water System (“Muni Water”). (Complaint for Refund and Injunctive Relief 26 (“Complaint”), ¶¶ 1, 6.) Muni Water is the exclusive water utility for approximately 10 percent 27 of the population of San Jose. (Id. at ¶ 7.) Plaintiffs allege the City has used and transferred 28
TENTATIVE RULING RE: MOTION TO STRIKE AND/OR DEMURRER
1 Muni Water funds for purposes other than those for which the funds were collected, in violation 2 of Proposition 218. (Id. at ¶¶ 10, 12.)
3 The Complaint, filed on June 13, 2017, sets forth a single cause of action for Violation of 4 Arti
Hearing Date
November 02, 2019
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The above-entitled action comes on for hearing before the Honorable Thomas E. Kuhnle 20 on November 2, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as 21 follows:
22 I. INTRODUCTION
23 Plaintiffs Raymond and Michelle Plata (collectively, “Plaintiffs”) bring this class action 24 against defendant City of San Jose (“Defendant” or the “City”), which owns and operates the San 25 Jose Municipal Water System (“Muni Water”). (Complaint for Refund and Injunctive Relief 26 (“Complaint”), ¶¶ 1, 6.) Muni Water is the exclusive water utility for approximately 10 percent 27 of the population of San Jose. (Id. at ¶ 7.) Plaintiffs allege the City has used and transferred 28
TENTATIVE RULING RE: MOTION TO STRIKE AND/OR DEMURRER
1 Muni Water funds for purposes other than those for which the funds were collected, in violation 2 of Proposition 218. (Id. at ¶¶ 10, 12.)
3 The Complaint, filed on June 13, 2017, sets forth a single cause of action for Violation of 4 Arti